INTRODUCTION TO THE WORK HEALTH AND SAFETY REGULATIONS IMPLICATIONS FOR SMALL BUSINESS

1. INTRODUCTION TO THE WORK HEALTH AND SAFETY REGULATIONS IMPLICATIONS FOR SMALL BUSINESS

2. WHAT HAS CHANGED? • Work Health and Safety Act will replace the NSW OHS Act • Work Health and Safety Regulations will replace the current NSW OHS Regulation • A set of national Codes of Practice will gradually be introduced • For most workplaces the new WHS Regulations will be very similar to the current OHS Regulation

3. WHAT’S COVERED IN THE WHS REGULATIONS

4. WHAT’S COVERED IN THE WHS REGULATIONS

5. Managing Risks • Must identify and eliminate or control risks • Musteliminaterisks and if not reasonably practicable minimise risks • Risks unable to be eliminated must be controlled through a hierarchy of control • Risk assessment is not mandatory in most cases – outcome focused

6. Managing Risks • Must maintain and reviewrisk control measures • HSRs can request a review of a control measure in certain circumstances • Where specific controls are outlined in the WHS Regulations they must be followed (e.g. controls for hazardous chemicals or noise)

7. Training, Information and Instruction • Must be suitable and reflect: • The nature of the work carried out by the worker • Thenature of the risks associated with the work • Thecontrol measures implemented

8. Consultation and Representation • WHS Act includes key requirements • WHS Regulations: • Outlines the factors in determining work groups • Specifies HSR training details • Code of Practiceprovides • further guidance

9. Issue Resolution Procedure must take into account: • the degree and immediacy of riskto workers or other persons involved in the issue; • the number and location of workers and other persons affected by the issue; • the measures(both temporary and permanent) that must be implemented to resolve the issue; • who will be responsible for implementing the resolution measures

10. Working Environment

11. Facilities Must provide facilities including toilets, drinking water, washing and eating facilitiesrelevant to: • The nature of the work • The hazardsin the workplace • The size, location and nature of the workplace • The number and composition of workers

12. Personal Protective Equipment • Must be appropriate to the activity and hazard • Must be a suitable size and fit and maintained and replacedas required • Workers must be informed and trained on PPE use

13. First Aid • Must provide accessibleFirst Aid equipment and facilities • Ensure adequate numbers of workers are trainedor haveaccess to others who are trained • First Aid arrangements must take into account • The nature of the work • The hazards in the workplace • The size, location and nature of the workplace • The number and composition of workers (and others) 13

14. Emergency Plan • Must include proceduresfor rapid response, evacuation, notification, medical assistance and communication • Must inform workersof procedures • Must be testedin line with plan schedules • Emergency plan must take into account • The nature of the work • The hazards in the workplace • The size, location and nature of the workplace • The number and composition of workers (and others)

15. Short case study exercises No 1

16. Falls • Manage the risk of a fall by a person from one level to another by: • Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction • Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fall

17. Falls • If not reasonably practicable to eliminate the risk of falling then minimise the risk by providing adequate protectionsuch as (in order): • Providing a fall prevention device or • Providing a work positioning system, or • Providing a fall arrest system

18. Hazardous Manual Tasks • Take into account risk factors including: • Postures, force, duration and frequency • Workplace environmentalconditions, design and layout of workplace • Systems of workused • Nature, size, weight and numberof persons, animals or things involved in the hazardous manual task

19. Remote or Isolated Work • Must manage risks to the health and safety of a worker associated with remote or isolated work • Must provide a system of work that includes effective communication with the worker

20. Noise • Ensure that a worker is not exposed to noise levels above the exposure standard • Provide audiometric testingif the worker is frequently required to use hearing protection to reduce exposure to noise and in combination with other factors

21. Short case study exercises No 2

22. Airborne Contaminants • Must ensure exposure standard for a substance or mixture is not exceeded • Must undertake atmospheric monitoringof contaminants in certain circumstances • Must keep records and make accessible to those exposed to contaminants

23. Hazardous Atmospheres • Must manage risks associated with hazardous atmospheres • Must manage risks associated with an ignition source in a hazardous atmosphere • Must ensure that flammable or combustible substances are kept at the lowest practicable quantity

24. Falling Objects • Must manage risks of falling objects if reasonably likely to injure a person • If not possible to eliminate risk then minimiserisks to health and safety by: • Preventing free fall of objects • Arrestingfree fall of object (e.g. barriers, safe means of lowering objects)

25. Some things may appear to be missing Welding Abrasive blasting GENERAL DUTIES Licensing for load shifting equipment Spray Painting • Some construction hazards • e.g.: overhead protective structures, structural collapse, lowering of materials Certificates of competency for pest controllers Identification and Management of Risk What is reasonably practicable - state of knowledge

26. Short case study exercises No 3

27. Approved Codes of Practice

28. What is the legal effect of Codes of Practice?

29. Codes of Practice WHS Regulation

30. Second Stage Codes of Practice and Guidance Material

31. Transitional arrangements and WorkCover NSW Codes

32. Questions - Please!